Madhya Pradesh High Court
Sapan Chourasiya vs V.P.Singh on 19 November, 2025
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2025:MPHC-JBP:59165
1 MA-1495-2017
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 19th OF NOVEMBER, 2025
MISC. APPEAL No. 1495 of 2017
SAPAN CHOURASIYA
Versus
V.P.SINGH AND OTHERS
Appearance:
Ms. Ankita Singh - Advocate for the appellant.
Mr. Aditya Narayan Sharma- Advocate for the respondent
No.3/Insurance Company.
ORDER
This appeal under Section 173(1) of the Motor Vehicle Act, 1988 is
preferred by the appellant/claimant for enhancement of compensation, being
aggrieved by award dated 02.02.2017 passed by the 10th Additional Motor
Accident Claims Tribunal, Jabalpur in Claim Case No.328/2013 whereby the
Claims Tribunal has awarded a sum of Rs.1,86,730/- in all heads towards
compensation for the injuries sustained to the appellant and respondents have
been fastened with the liability to pay jointly and severally to the claimants
with 7% per annum interest.
2. The appellant had filed the claim petition under Section 166 of the
Motor Vehicles Act, 1988 seeking compensation to the tune of
Rs.25,00,000/- for the injuries sustained by her. The reply to the claim
petition was filed and after recording the evidence, the Tribunal has awarded
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the total sum of Rs.1,86,730/-. The certificate of permanent disability
(Ex.P/171) is available on record, however, Tribunal has not found any
permanent disability as the claimant has not examined the Doctor in support
of her claim petition, who has issued the certificate of permanent disability
(Ex.P/171).
3. As the incident occurred, negligence of driver of driving the offending
vehicle, the issue of liability jointly and severally to pay compensation have
been decided recording the findings in favour of the appellant by the
Tribunal and none of those findings have been assailed at the instance of the
respondents i.e. owner, driver or insurance company by filing the cross
appeal or the cross-objection, however, it is not necessary to narrate the
entire facts in detail to burden the judgment on the said issues. It is only the
inadequacy of the compensation which has been assailed, however, the
arguments in detail have been considered in succeeding paragraphs.
4. Ms. Ankita Singh, learned counsel representing the appellant contends
that looking to the injuries sustained by the appellant, its nature, the
percentage of disability as recorded by the Tribunal is on lower side
commensurate to the future loss of earning on account of disability. The
earning has been accepted on lower side and the multiplier has also not been
properly applied for by awarding the future loss of earning and in other
heads like medical expenses, attendant charges, conveyance, special diet,
mental pain and suffering, loss of wages during treatment, the amount so
awarded is also inadequate. In view of the foregoing submissions,
enhancement of the compensation so awarded by the Claims Tribunal is
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prayed for.
5. On the other hand, Shri Aditya Narayan Sharma, learned counsel
representing the respondent/Insurance Company contends in support of the
findings of the Claims Tribunal and submitted that the compensation as
awarded by the impugned award appears to be just and reasonable, therefore,
interference by this Court for enhancement of the compensation is not
warranted.
6. After having heard learned counsel appearing for the appellant and on
perusal of the pleadings and the evidence so adduced, certificate of
disability, looking to the nature of injuries, in the opinion of this Court, the
finding so recorded by the Tribunal on the point of permanent disability
appears to be just. However, considering pecuniary and non-pecuniary
charges incurred by the claimant and considering the earning, applying the
proper multiplier and also other heads, in the opinion of this Court, the
amount of compensation so awarded by the Claims Tribunal is liable to be
enhanced by Rs.50,000/- (Rs. Fifty Thousand Only) in lump sum thereby
making the total compensation Rs.1,86,730/- + Rs. 50,000 =Rs. 2,36,730/- .
7. In view of the forgoing discussions, the appeal succeeds and is hereby
allowed in part. The appellant is held entitled to receive the enhanced amount
of Rs.50,000/- (Rs. Fifty Thousand only) in addition to the amount of
compensation already awarded by the Claims Tribunal. The enhanced
amount shall carry interest @ 7% per annum from the date of filing of claim
petition till its realization. In the facts of the case, parties are directed to bear
their own costs.
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8. The instant appeal is allowed in the abovesaid terms, accordingly. In the
facts of the case, parties are directed to bear their own costs.
(ANAND PATHAK)
JUDGE
skt
